5.1 The following are the two categories/options available to postpaid accounts for new customers:
a. Credit based account – For the purpose of the credit based account activation, the Subscriber shall be required to provide the following:
i. Completed Subscriber Agreement Form;
ii. Bank Verification Number (BVN) and/or any other information, which may be required to complete credit assessment for the Subscriber;
iii. Payment of a non-refundable fee of N2000 (Two Thousand Naira) for service activation;
iv. Subscriber’s valid NIN slip for verification;
v. Subscriber’s passport photo (soft/hard copy); and
vi. Any other documentation as may be required for the allocation of unsecured credit as included in MTN credit policy document.
b. Deposit based account – For the purpose of the deposit based account activation, the Subscriber shall be required to provide the following:
i. Completed Subscriber Agreement Form;
ii. Payment of a non-refundable fee of N2000 for service activation;
iii. Subscriber’s NIN slip for verification;
iv. Subscriber’s passport photo (soft/hard copy); and
v. Minimum N5000 (Five Thousand Naira) Security Deposit (which shall be applied as credit limit).
5.2 The provision in Clause 5.1 (a & b) above shall be subject to rules indicated in MTN credit policy for all accounts activated under any of the postpaid account category.
5.3 MTN reserves the right to review or withdraw credit where information provided by the Subscriber during pre-assessment is false or there is a significant change in situation under which credit was advanced.
5.4 All Orders placed by the Subscriber shall be subject to MTN’s approval and at MTN’s sole discretion. MTN shall not be obligated to provide any reason to the Subscriber where such Order is not approved.
5.5 MTN shall use its best endeavors to promptly comply with any requirements recorded in the Order but shall not be liable to the Subscriber in the event that it fails to comply with the said requirements.
5.6 The Subscriber will be liable for all usage charges that are, or become, payable in respect of each SIM Card issued whether he/she/it or any third party used such SIM Card.
5.7 The Subscriber shall be responsible for obtaining all necessary approvals and authorization imposed by any competent authority in respect of the requirements contained in the Order and the Subscriber hereby indemnifies MTN against any claim or liability suffered by MTN by reason of such approvals and authorizations not having been obtained.
5.8 The risk in and to the SIM Cards, products and services contained in the Kit transfers to the Subscriber upon delivery and accordingly, MTN accepts no responsibility whatsoever for any loss of or damage to any of the contents of the Kit including, inter alia, the SIM Card where applicable. In the event of the Subscriber losing his/her Terminal Equipment and/or SIM Card, such items shall be replaced at the Subscriber’s own cost.
5.9 If a SIM Card is lost, stolen or damaged, the Subscriber shall immediately notify MTN in writing. The Subscriber shall remain liable for all costs and charges pertaining to such SIM Card. MTN shall, as soon as reasonably possible, issue to the Subscriber a replacement SIM Card, and may in its discretion, require the Subscriber to effect payment of a reasonable charge in respect of the cost of such SIM. Such loss, theft or damage of a SIM Card and/or the issue of a replacement SIM Card and/or the allocation of a new MSISDN for any reason, shall in no way be deemed to constitute a termination of this Agreement which shall continue to be of full force and effect.
5.10 The Subscriber hereby warrants and undertakes in favour of MTN that the Subscriber:
5.10.1 Shall not use or allow the Network services to be used for any improper, illegal, immoral or unlawful purpose, or in any way which may cause injury or damage to any persons or property or an impairment or interruption to the Network Services;
5.10.2 Shall only use Terminal Equipment compatible with the MTN Network, and comply with all relevant legislation and regulations imposed by any competent authority and all directives issued by MTN relating to the use of Terminal Equipment, Network Services and SIM Cards;
5.10.3 Will not act, (whether by commission or omission) in any way likely to injure or damage any person, property or the Network or cause the quality of the Network Services to be impaired or interrupted in any manner;
5.10.4 Recognizes that no right, title or interest in the software, MSISDN or the IMSI contained in each SIM Card issued to the Subscriber vests in the Subscriber;
5.10.5 Shall not, nor permit any third party to reverse engineer, decompile, modify or tamper with the software, the MSISDN or the ICC contained in, or pertaining to, any SIM Card; and
5.10.6 Shall not use the SIM card for any purposes or use other than for the purposes or uses contemplated under this Agreement.
5.11 Subject to the NCC’s directive on Valued Added Services, the provision of any Value Added Services, the determination of any charges therefore or the withdrawal of such Value Added Services shall at all times be made by MTN in its sole discretion. In the event that MTN withdraws any Value Added Services for which a Subscriber Fee is charged, no further subscription Fee will be charged for the period after the withdrawal of the Value Added Services concerned. Where the Subscriber subscribes to a package option that includes the provision of Value Added Services free of charge, MTN shall be entitled, in its sole discretion and subject to NCC’s directive on Valued Added Services, to vary, discontinue any such Value Added Services. MTN shall also notify the subscriber of the discontinuance of the VAS services.
5.12 Except for when MTN advises the availability of roaming services, you will be able to make and receive calls only when you are in the Federal Republic of Nigeria in an area covered by the MTN Network. You may not be able to utilize your SIM Card on any other network other than MTN’s Network. Roaming services will be charged based on MTN’s rates that may be advised from time to time.
5.13 MTN reserves the right to, without notice, change the frequency by which you access the MTN network. Any services made available to you upon your purchase of the Kit (where applicable) may be varied by MTN from time to time. Furthermore, the charges of such services (if any) may be varied by MTN in line with the applicable regulatory requirements and without notice to the Subscriber.
5.14 No warranties are given in relation to the items contained in the Kit or in relation to the Network.
5.15 Nothing contained in these Terms and Conditions pertaining to the sale of Terminal Equipment and SIM Card will be construed as vesting in or transferring to you any right, title or interest in the software, the MSISDN or the ICC contained in any SIM Card or any intellectual property belonging to MTN.
5.16 A Subscriber may be entitled to a refund of the Airtime on his account at the time the MSISDN is recycled provided that the Subscriber can establish ownership of that phone line at any given time within the one (1) year period of non-revenue generating activity on the MSISDN. The refund shall be less any fee paid by MTN for the number during the one (1) year period of non-revenue generating activity.
5.17 You agree that unsolicited marketing messages shall be sent to you in accordance with your Do not Disturb (DND) status.
5.18 By purchasing our SIM Pack, you agree that any issues that arise from the use of our Network Services shall not constitute a breach of any fundamental human rights and no right of action shall lie therefrom.
5.19 These terms and conditions shall apply to all Subscribers equally.